Page:Ruffhead - The Statutes at Large - vol 4.djvu/263

 J^,p^lfO£, Anno quarto Ann^ Reginaj, C. 2j. 211 ' ' :C A p. XXI. - An A(5t for the Incrcafe and better Prefervation of Salmon and other Filh, in the Rivers within the Gounties of Southampton and Wilts. i*'«Defcay, to the great Lofs of this Kingdom, and the Royalties and Fifberies in the faid Counties are in °f ^°"th0'pton ^* gre'at Meafure confumed and ' deftroyed, by placing divers Engines and other Devices in and upon the" ^^ "■ -* Rivers, by Means whereof the Salmon Stripes or Kippers, as well as the young Fry or Smelts are taken c. i, »©" j. -* and deftroyed, and are prevented from returning to the Sea in Seafon : And whereas the. Owners and juE. i./. j. f Profit, do deftroy the Stock of the faid Fifheries, by preventing the Breed of good Filh to pafs in Sea- J^ ^' *' ^" ''' f foh through their Fifliing 'Wyres, and Fifhing Hatchways, from the Sea into the faid Rivers to fpawn iH.k. c. 15?' i*. and by killing fuch as are under Size, and by iiftiing continually out of Seafon, at and in the faid fifh- zi £^. 4. <;. i. ' the Species of the faid Fifh, but alfo the Growth thereof is in great Meafure deftroyed ; and whereas • ^'- '• '7* moft Excellent Majefty, by and "with the Advice and Confcnt of the Lords Spiritual and Temporal, and M, c. 13. for Commons, in this prefent Parliament aflembled, and by the Authority of the fame. That the Statute the better Pre- vmade in the fourth and fifth Year of the Reign of King William and Queen Mary, now in Force, for ^"n'piJJj"^ f|- the better Prefervation of the Game relating to Salmon Fifliing, and every Article and Thing therein con- be^puc'in'Exficu- .tained, fhall he duly put in Execution, according to the Te>ior of the fame ; and that the Statute made in tion 5 ihe thirteenth Year of King Edward the firft, whereby it is provided, that the Waters of Humber, Owfe, alfo Stat. 1 3 'ITrent, Dover, Arte, Derwent, Wherfe, Niddiore, Swale, Tefe, Tine, Edeti, and all other Waters wherein ^^"- '• Salmon be taken, fhall be in Defence from taking Salmon, from the Nativity of our Lady unto Saint ^**' '•*"*'• Martin s Day; and likewife that young Salmon fhall not be taken nor deftroyed by Nets, nor by other u^, young Sal- Engines, at mill Pools, from the Midft of April unto the Nativity of ?)Mntyohn the Baptift, and in mon to be de- Places where frefh Waters be ; fhall extend and be in full Force, as well to all and every the Rivers, fttoyed hj Neti^ Creeks, and Waters in the County oi Southampton, and Southern Parts oi JViltJhire, as to the Waters in*'* ' -j.'.fiiMi; the laft nientioned A. . IL And be it further enafted by the Authority aforefaid. That there fhall be affigned Overleers of this Overfeers of this Statute, by any two or more Juftides of the'Peace, irefiding within "five Miles of the refpetSliye Rivers Aft to be aflign- within the faid Counties oi Southampton and IViltJhire, under their Hands and Seals, from Time to Time, ed by Juftices. who being fworn before the faid Juftices of the Peace, fhall often fee and enquire after the Offenders ^^^ ^^^jj ^^^ againft this Statute, and fhall take and apprehend all and every fuch Offender and Offenders, and take a^^^ after Of. •and deftroy all Nets and other Craft and Engines, where they fhall rind the fame, being kept, ufed, or fenders. ' ' in being contrary to this or any other hSi now in Force relating to Fifhing ; .ind all and every Offender ind Offenders fo taken or apprehended by the faid Overfeers, or any of them, or by any other lawful ■Means, fhall be brought before fome Juftice of the Peace of the faid Counties, to anfwer for every fuch Offence, and being convi^ed before any fuch Juftice of the Peace for the faid Counties, by one or more .'Witneffes upon Oath, w^hich Oath the faid Juftice hath hereby Power to adminifter, or Confeflion of Penalty on Of- -<iich Offender, fhall for the firft Trefpafs or Offence, forfeit a Sum to be afeertained by fuch Juftice of **"*="• the Peace, before whom fuch Conviiiion fhall be made, not under twenty Shillings, nor more than five Pounds, and for the. fecqnd Trefpafs or Offence, fhall forfeit a Sum not under forty Shillings, to be af- 'certafned'as aforefaid, ft'of riiol-it than ten Poufids, and as the Trefpafs or Offence fhall increafe to double the Penalty, to be afeertained as aforefaid ; one half thereof to be paid to the Informer, and the other half thereof to the Poor of the Parifh where the !faid.:Offehce or Offences fhall be committed ; and in cafe the Qffender or Offend ersflhall liot be able,- or dcnot on.,Demand pay the faid Penalty or Penalties, then he or they fhall be fent by fuch Juftice of the Peace, before whom fuch Convidtion fhall be made as lafoi-ef^idj'to the Houfe or Houfes of Co'rreiilion' "within the faid refpe^Siye Counties where fuch Offender «r Offenders fhall- be taken, and there kept for the Space: of three Months, .' ' . NoPetfofl, qua. Ill, And be it further enadted by the Authority aforefaid. That no Perfon or Perfons (not being by lified or not, Xaw duly qualified)" Aall hereafter kill^ deftroy, or vvjifully hurt any Salmon or Salmon-kind, or any *»" f^' °^ ItiH other Fifh, and that neither they, nor any other Perfon or Perfons whatfoever, fhall and may at any j^'^°"J^"'* ^* Time or Times after the thirtieth Day oijunt, which; fhall be jn the Year of our Lord one thoufand fe-o"No«mbw. ven hundred and fix, take, kill, or deftroy any Salmon, S^lmon-peale, or Salmon-kind, by Hawks, Racks, ThuClauferi- Gins, Nets, Angles, or other Devifes whatfoever, until after the eleventh Day of November in every Year, pealed by iGeo. or offer to Sale any of the faid Fifh fo taken, .upf^pr. the like Pains, Penalties, Forfeitures, and Imprifon- ' • '^'- *• '• ^f- jnents, as are herein before mentioned, ■. : r-o"-' r;" ; Owni^"/thrft ' ' ■ Ee2 (jijy.,....^nd Fifheries, &«...
 * ^TTHEREAS the Salmon and Salmon-kind of Fifli reforting to fpawn within the Rivers and Salmon Fiflifriei
 * VV prefhes in the County of Southampton, and Southern Parts of Wiltjhire, are in Danger of utter '" the Counties
 * main Rivers, and in the new Channels, Dykes, and Cuts, which now are or fiiall be cut out of the fame jif^.' yft.V,'
 * Occupiers of the Salmon Fiftieries within Ihe faid Counties, regarding only their private and greedy '• '^*'
 * ing Wyres and Creeks of the Rivers, with Nets and other Devices, whereby not only the Increafe of 31 ■'^- *• '-i.
 * notwithftanding the many good Laws before this Time made, and ftill in Force, with Intent to prohi- 5„i/V?'io,
 * bit unlawful killing or otherwife deftroying the Game of this Kingdom, divers fturdy and diforderly ,yjc,','. ,. j.,
 * Perfons (through Defeat in the faid Laws for fufficiently punifhing of Offenders, and negle£ting their 3 Jac. i.e. u,
 * lawful Employments) do poach with Nets and. Angles, Gins, and other unlawful Engines, and by 15 C*"-. z. f. 7
 * unlawful Means in the Night, and at other Times, do take, kill, and deftroy the Fifh, to the great ^ ''•
 * Detriment of the Lords of Manors, and the other Owners and Occupiers of Fimeries in the faid Coun-
 * ty of Southampton, and Southern Parts of JViltJhire ;' For Remedy whereof, be it enafted by the Queen's Aft 4 & 5 W. t